Manufactured by GlaxoKlineSmith, Zofran is an anti-nausea and vomiting prescription medication approved for use by cancer patients undergoing chemotherapy, surgery, and/or radiation treatment. However, the medication has also been prescribed as off-label use for pregnant women experiencing nausea and vomiting, and in turn, many infants were born with severe birth defects.
If you were prescribed Zofran while pregnant and your baby was born with birth defects, you may be eligible for compensation. Drug manufacturers have the responsibility to alert the public of any known medication dangers and if they fail to do so, can be held liable for damages.
Zofran compensation is the amount of damages won from the makers of Zofran in a personal injury/birth injury lawsuit. When an infant is born with birth defects, not only are the medical costs typically extremely expensive, but the baby may be affected for a lifetime. Families may have to leave work or pay extra caregiver expenses, specialized medical equipment may been needed, and the child may experience developmental and emotional delays.
Compensation helps families pay the extensive medical bills that come along with issues such as birth defects, and also holds the liable party responsible for negligent behavior and actions. In addition, it can compensate families for physical pain, mental anguish, suffering, and more.
How Much Compensation Can I Get?
Since Zofran lawsuits are still relatively news, there isn’t an established average amount of compensation yet. In addition, each case is different and the compensation will vary depending upon individual details, including:
- The extent of the injuries
- The amount of medical expenses (including anticipated future medical costs)
- Special education costs (if needed)
- Specialized equipment costs
- Any lost wages and/or caregiver expenses
Do I Qualify?
In order to qualify for compensation you’ll need to meet certain criteria, but since each case is different, it’s important to talk to a qualified Zofran attorney who can help you understand what your options are.
On average, however, you’ll need to prove that your child’s birth defects were caused by taking Zofran while pregnant. Genetic issues need to be ruled out. In addition, simply taking Zofran while pregnant isn’t enough for a valid claim. Harm must have occurred while taking the medication.
Furthermore, engaging in risky behavior such as drinking and/or smoking while pregnant, may hurt your chances of obtaining compensation. Yet, as mentioned earlier, each case is different, and your attorney will assess your case in-depth.
The Importance of Correct Legal Representation
Dangerous prescription medication lawsuits can be difficult prove. Without the correct legal representation, you risk losing your chance to obtain compensation for your baby’s medical issues. It’s highly recommended to seek out an attorney who specifically specializes in dangerou prescription drug lawsuits. For more information, refer to our article Zofran Lawyer.